Where evidence indicates that a security guard has received "excellent" job ratings, a merit award for outstanding job performance, and is physically able to perform his duties but was dismissed because of his age, he has established a prima facie case of age discrimination. Decision: 1 N.J.A.R. 249

A local ordinance setting a limit on the age of volunteer firemen conflicts with the State's law against discrimination and thus is preempted. Decision: 3 N.J.A.R. 412

N.J.S.A. 48:14-1 et seq., which allows age limits to be set for appointment to paid fire departments does not apply to volunteer fire departments. Decision: 3 N.J.A.R. 412

A local ordinance setting a limit on the age of volunteer firemen conflicts with the State's Law Against Discrimination and is thus preempted. Decision: 4 N.J.A.R. 407

Where age is established as a factor in the failure to promote an employee, it becomes the employer's burden to prove that the employee's qualifications were such that he would not have been promoted. Decision: 8 N.J.A.R. 537

Where unlawful discrimination has resulted in the denial of rental of an apartment, petitioner is entitled to damages for pain and suffering, commutation to work from an alternative living site and time lost from work in pursuing her claim. Decision: 8 N.J.A.R. 110

The need for administrative flexibility permits agency action to implement a legislative scheme even while policy is still in the developmental stages. Decision: 8 N.J.A.R. 283

Innocent third parties should not be removed from their positions to remedy past instances of discrimination. Decision: 8 N.J.A.R. 335

Innocent third parties who may have received a promotion as a result of illegal discrimination should not be removed from their positions. Decision: 8 N.J.A.R. 537

Evidence that a complainant was demoralized and upset by instances of racial discrimination supports an award for humiliation damages. Decision: 8 N.J.A.R. 249

Unemployment benefits should not be deducted from backpay awards in Civil Rights cases since those benefits are subject to repayment by complainants. Decision: 8 N.J.A.R. 249

Disparate Treatment

In a disparate treatment case, it is alleged that an employer has treated a person less favorably than others because of her race; in such a case, proof of discriminatory motive or intent is essential. Decision: 2 N.J.A.R. 042

Employee

Companies are responsible for the conduct of employees or supervisors when that conduct amounts to a violation of the Law Against Discrimination. Decision: 8 N.J.A.R. 481

Employer

A supervisor with the rights and duties of an "employer" is an employer for purposes of the Law Against Discrimination. Decision: 5 N.J.A.R. 208

Use of a position as owner of a business to subject a complainant to unwelcome sexual advances constitutes sexual harassment. Decision: 9 N.J.A.R. 392

Handicap

Where an individual suffers from temporal lobe epilepsy but evidence demonstrates that resulting seizures are controlled through medication, no valid reason exists for denying the individual work assignments and promotional opportunities. Decision: 7 N.J.A.R. 150

Where based upon its own perceptions of an individual's physical capabilities but without medical verification an employer limits the scope of an individual's work and denies the experience necessary for promotional consideration, unwar- ranted discrimination has taken place. Decision: 7 N.J.A.R. 150

In the case of a physical handicap a complainant need only establish his general, non-physical qualifications after which burden shifts to employer. Decision: 7 N.J.A.R. 289

Spinal fusion and removal of lumbar disc place limitation on physical ability and qualify as a handicap under N.J.S.A. 10:5-5(g). Decision: 7 N.J.A.R. 289

Administrative law judge concludes that alcoholism is not a protected handicap within Law Against Discrimination. Agency rejects finding that condition is a protected handicap and that termination from employment based upon it is unlawful. Decision: 7 N.J.A.R. 206

Administrative law judge concludes that where medical evidence establishes that individual was not suffering from an infirmity, malformation or disfigurement, individual is not handicapped; rejected by agency head who determines that failure to hire based upon a perception of predisposition to lung disease is unlawful discrimination. Decision: 8 N.J.A.R. 075

Use of crutches, even if on a temporary basis, constitutes a handicap within the meaning of N.J.S.A. 10:5-4.1. Decision: 8 N.J.A.R. 089

In a matter alleging unlawful discrimination based on a handicap a prima facie case is established where it is shown that: 1) the individual is a member of a protected class; 2) that the individual had attempted to gain access to a facility within the meaning of N.J.S,4. 10:5-12(0; and 3) admission had been denied based upon the handicap. Decision: 8 N.J.A.R. 089

Indispensible Party

No statutory requirement exists to support a motion to dismiss for lack of an indispensable party where only one of two unmarried individuals moves forward with a complaint based upon a refusal to rent them an apartment because of their marital status. Decision: 8 N.J.A.R. 110

Jurisdiction

Where an individual filed charges of racial dis- crimination with the Equal Employment Opportunity Commission, state administrative agencies have no jurisdiction to grant relief for such claims and the only alleged acts of discrimination to be considered are those which may be remedied under state statute. Decision: 1 N.J.A.R. 300

Local Ordinance

Where a local ordinance is in conflict with the State's Law Against Discrimination that ordinance must fail. Decision: 4 N.J.A.R. 407

Managerial Prerogative

Where reasons for hiring an individual were premised upon legitimate managerial prerogatives, but evidence convincingly establishes that such evidence was pretextual and individual was hired solely because of her race, unlawful discrimination is established pursuant to N.J.S.A. 10:5-4 and 10:5-12(a). Decision: 8 N.J.A.R. 027

Marital Status

The legislative intent behind a statute prohibiting discrimination based upon marital status also includes a ban on discrimination based upon marital relationship and would prohibit the denial of the rental of an apartment to two unmarried persons of the opposite sex. Decision: 8 N.J.A.R. 110

Overtime

Where an individual has at times assumed administrative duties for which he lacked certification, the individual need not be placed in an administrative position or credited for service prior to the date the individual receives certification. Decision: 7 N.J.A.R. 191

Proof of discriminatory motive or intent is essential in a disparate treatment case where it is alleged that an employer has treated a person less favorably than others because of her race. Decision: 2 N.J.A.R. 042

Public Accommodations

A disco is a public accommodation within the meaning of N.J.S.A. 10:5-12(f). Decision: 8 N.J.A.R. 089

Racial Discrimination

Where a corporation has established standardized criteria for accepting or rejecting employment applications and those criteria have no relationship to the race of any applicant and have been uniformly applied to all applicants, a complainant has failed to meet the burden of establishing racial discrimination. Decision: 2 N.J.A.R. 042

Where an individual files charges of racial discrimination with the Equal Employment Opportunity Commission, state administrative agencies have no jurisdiction to grant relief for such claims and the only alleged acts of discrimination to be considered are those which may be remedied under state statute. Decision: 1 N.J.A.R. 300

Where evidence in the record fails to support allegations of racial discrimination and demonstrations that applications for supervisory positions were rejected for reasonable standards, a prima facie case of racial discrimination has not been established. Decision: 1 N.J.A.R. 300

The erection of a partition to separate black and white employees in an office, the exclusion of black employees from office functions, and the selective enforcement of time regulations constitutes a continuing pattern of racial discrimination. Decision: 8 N.J.A.R. 325

Failure to present a legitimate non-discriminatory reason for refusing to treat employees of different racial groups on the same basis demonstrates a racially discriminatory motivation. Decision: 8 N.J.A.R. 249

Because petitioner did not raise issue of racial discrimination during arbitration, the entire controversy doctrine precluded raising that issue during the hearing. Decision: 11 N.J.A.R. 568

Reprisal

N.J.S.A. 10:5-12(b) which forbids reprisals against any employee filing a complaint under the Law Against Discrimination applies to employees who have filed complaints after being terminated from a position. Decision: 8 N.J.A.R. 481

Refusal of sexual advances which caused complainant to be assigned duties not assigned to co-workers and which eventually results in a constructive discharge constitutes unlawful discrimination. Decision: 9 N.J.A.R. 392

Sex Discrimination

Where coaches of girls' basketball, softball and field hockey performed substantially the same duties and had substantially the same responsibilities as coaches of boys' sports, any wage differentials based on the sex of the students coached was found to be impermissible discrimination. Decision: 3 N.J.A.R. 249

In determining whether sexual harassment has taken place, an objective standard should be used in measuring conduct. Decision: 5 N.J.A.R. 208

A Board of Education is liable for the sexual harassment of its employees by a supervisor when the Board had actual knowledge of the conduct and the supervisor performed services in the nature of an employer. Decision: 5 N.J.A.R. 208

Verbal sexual harassment is not protected by the U.S. or N.J. Constitution because these remarks do not deal with public topics. Decision: 5 N.J.A.R. 208

Subjecting employees to crude and vulgar language and offensive inquiries results in a hostile work environment actionable under the Law Against Discrimination. Decision: 5 N.J.A.R. 208

In order for remediable discrimination to be proven, the alleged improper classification must be shown to have been placed on sex plus some other characteristic of an immutable nature or involving the fundamental rights of an employee or have a significant effect on the employment opportunities of one sex. Decision: 5 N.J.A.R. 180

The occasional touching and the making of sexual innuendos and comments to female employees constitutes sexual harassment. Decision: 8 N.J.A.R. 481

Refusal of sexual advances which caused complainant to be assigned duties not assigned to co-workers and which eventually results in a constructive discharge constitutes unlawful discrimination. Decision: 9 N.J.A.R. 392

Use of a position as owner of a business to subject a complainant to unwelcome sexual advances constitutes sexual harassment. Decision: 9 N.J.A.R. 392

Exclusion of boys from girls' athletic teams does not violate the constitutional rights of boys. Decision: 10 N.J.A.R. 106

In case involving female student's right to try out for boys' football team, Commissioner of Education declined to award counsel fees under Law Against Discrimination. Decision: 12 N.J.A.R. 232

Statute of Limitations

N.J.S.A. 10:05-18 serves to bar a complaint brought under New Jersey's Law Against Discrimination if that complaint is not filed within 180 days of the alleged act of discrimination. Decision: 1 N.J.A.R. 342

A back pay award based on impermissible sex discrimination is limited to six years by N.J.S.A. 2A:14-1. Decision: 3 N.J.A.R. 249

Statutory Construction

As remedial legislation, the Law Against Discrimination is to be liberally construed. Decision: 7 N.J.A.R. 206